County of to wit. } A. B. Keeper of the Bridewell, came before me this Day, and made Oath on the Holy Evangelists, That the List above stated contains the Names of every Individual who was confined for one Night, or more, in the aforesaid Prison, during the Three Months ending and that the Sums annexed to their respective Names were actually expended in their Support; and that the Prisoners received the different Articles of provisions at Cost Price, without any profit or gain by the purchase or sale thereof, to him, or any other Person on his behalf; and further, that the poor Prisoners were supplied with Diet according to one of the Three Dietary Tables approved according to law, and which are posted in the said Prison; and further maketh Oath, that the Prisoners who have not received Gaol Allowances have been supplied by their Friends with sufficient food. Sworn before ine, this day of Collector of Excise of the District of PART VI. CLASS XXII. Highways. [No. I. ] 13 George III. c. 78.-An Act to explain, amend, and reduce into one Act of Parliament the Statutes now in being for the Amendment and Preservation of the Public Highways within that Part of Great Britain called England, and for other Purposes. WHEREAS the laws now in being for the amendment and preserva 13 George III. c. 78. tion of the highways of that part of Great Britain called England <require some explanation and amendment; May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from henceforth upon the twentysecond day of September in every year, unless that day shall be Sunday On Sept. 22, and then on the day following, the constables headboroughs tythingmen yearly, a List is churchwardens surveyor of the highways and householders being assessed to be made of at to any parochial or publick rate of every parish township or place shall least Ten Persons, by Conassemble together at the church or chapel of such parish township or place, stables, &c. or if there shall be no church or chapel then at the usual place of publick meetings for such parish township or place at the hour of eleven in the Qualification of forenoon: And the major part of them so assembled shall make a list of Surveyors. the names of at least ten persons living within such respective parishes townships or places who each of them have an estate in lands tenements or hereditaments lying within such respective parish township or place, in their own right or in the right of their wives, of the value of ten pounds by the year; or a personal estate of the value of one hundred pounds; or are occupiers or tenants of houses lands tenements or hereditaments of the yearly value of thirty pounds: And if there shall not be ten persons having such qualifications as aforesaid then they shall insert in such list the names of so many of such persons as are so qualified as above required, together with the names of so many of the most sufficient and able inhabitants of such parish township or place not so qualified as shall make up the number ten, if so many can be found; if not, so many as shall be there resident to serve the office of surveyor of the highways: and the constable headborough and tythingman of such parish township shall be transDuplicate List or place shall within three days after such meeting transmit a duplicate mitted to one of such list to one of the justices of the peace within the limit of the of the Justices, county riding division hundred city corporation precinct or liberty where and original such parish township or place shall lie, living in or near the same; and List to the shall also return and deliver the original list made and agreed upon at Special Sessuch meeting to the justices of the peace at their special sessions to be sions, by the held for the highways within that limit in the week next after the Constable, &c. Michaelmas general quarter sessions of the peace (1.) in every year; and Notice. shall also within three days after making the said list give personal notices to or cause notices in writing to be left at the places of abode of the several persons contained in such list, informing them of their being so named, to the intent that they may severally appear before the justices at (1.) If the Justices make no Appointment at the Sessions here directed, they may do after wards; and may be compelled thereto by Mandamus. R. v. Justices of Denbighshire, 4 E. 142. No. I. c. 78. sions, &c. and may appoint from the Lists such Number the said special sessions to accept such office if they shall be appointed thereto, or to shew cause if they have any against their being appointed: 13 Geo. III. and the said justices are hereby authorised and required to hold such special sessions at such convenient place or places within their respective limits as they in their discretion shall judge proper; and to give notice of Justices are to the time and place where they intend to hold the same to the constables give Ten Days' headboroughs or tythingmen of every such parish township or place at Notice of hold- least ten days before the holding of the said session; and the said justices ing Special Ses- then and there from the said lists, according to their discretion and the largeness of the parish township or place respectively, by warrant under their hands and seals shall appoint one two or more of such persons as aforesaid if he or they shall in the opinion of such justices be qualified for the office of surveyor, (2.) if not one two or more of the other substantial inhabitants or occupiers of lands tenements woods tithes or hereditaments within such parish township or place, living within three miles thereof and within the same county, fit and proper to serve the office of surveyor of the highways for such parish township or place if any such can be found; which appointment shall by the constables headboroughs or tythingmen aforesaid be notified to every person so appointed by the said justices within three days after such appointment by serving him with the said warrant or by leaving the same or a true copy thereof at his house or usual place of abode; and every person so appointed if he accepts the office shall be surveyor of the highways for the said parish township or place for the year ensuing and shall take upon him and duly execute the office aforesaid; and the said justices shall then and Justices to give there give such of the said surveyors as shall personally appear before a Charge for them a charge for the better performance of their duty according to the Performance of directions of this Act: and if any of the said persons so appointed whose Duty. of Surveyors as they shall judge fit, &c. The Surveyor shall hold his Office for one Year. Persons refusing to serve for feit 51. &c. Not to be again appointed for the same Place within three Years after. If no List made, or Person appointed refuses to serve, another may be appointed, and Salary fixed, &c. names were contained in such list and who were served with the said notice shall refuse or neglect to appear at the said special sessions and accept the said office if appointed thereto in manner aforesaid, or shall not within six days after being served with such warrant of appointment signify his acceptance thereof either in person or by writing to one of the said justices, he shall forfeit the sum of five pounds; and in case any person so appointed by the said justices whose name was not contained in such list, shall refuse or neglect to accept the said office, or shall not within six days after being served with such appointment shew to one of the justices signing such appointment sufficient cause why he should not serve such office, he shall forfeit the sum of fifty shillings: Provided that no person who hath been appointed and served the office of surveyor for one year shall be liable to be appointed surveyor for the same parish township or place within three years from the time of such first appointment and service, unless he shall consent thereto; but if no such list shall be made and returned, or if the said justices shall make such appointment as aforesaid, and the person or persons so appointed shall refuse to serve the said office, the said justices or any two of them shall and may and are hereby required at the said special sessions or at some subsequent special sessions to be held within one month after to nominate and appoint some other person or persons to be surveyor of such parish township or place whom they shall judge proper to execute that office, and shall and may fix such salary to be paid to such surveyor to be appointed as herein last before mentioned out of the said forfeitures and all other forfeitures fines penalties assessments and compositions to be paid levied and raised under the authority of this Act within such parish township or place respectively as such justices shall think fit, not exceeding one-eighth part of what shall have been raised by an assessment of six pence in the pound for the use of the highways within such parish township or place where any such assessment shall have been raised, and observing the same restriction as near as they can from the best information they shall be able to get of the probable amount of such an assess (2.) The Lists are only for the Purpose of Discretion, appoint other Persons not named assisting the Magistrates, and they may, at the'r therein. R. v. Baldwin, 7 T. R. 169. |